- Court actions against the European Commission
To the extent that the attacked act or failure to act emanates from the European Commission, the plaintiff may have recourse to the procedures established under EU legislation.
In that respect, in pursuance of Articles 256 and 263 of the Treaty on the Functioning of the European Union, the EU General Court has jurisdiction over acts of the European Commission intended to produce legal effects vis-à-vis third parties. The proceedings provided for in Article 263 of the Treaty must be instituted within two months of the publication of the measure, or of its notification to the plaintiff, or, in absence thereof, of the day on which it came to the knowledge of the latter, as the case may be.
Likewise, in pursuance of Articles 256, 268 and 340 of the Treaty on the Functioning of the European Union, the EU General Court has jurisdiction in disputes relating to compensation for damages caused by the European Commission in the case of non-contractual liability.
For further details, please consult the website of the EU General Court.
- Court actions against the beneficiary third state
For cases where the attacked act or failure to act emanates from the administration of the beneficiary third state, for example in the case of a contract award decision taken by such a local administration, the plaintiff may have recourse to procedures established under the beneficiary third state's national legislation.
Where the complaint concerns an EU-financed decentralised tender procedure for which the European Commission is not the contracting authority, the European Commission, when informed of such a complaint, will communicate its opinion to the contracting authority and do all it can to facilitate an amicable solution between the plaintiff and the contracting authority. Should a contracting authority fail to adhere to the procurement procedures provided for in the Practical Guide to contract procedures for EC external actions, the European Commission reserves the right to refuse to finance the contract or to suspend, withhold or recover funding for the contracts concerned.